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The Single Judge Bench of Karnataka High Court headed by Justice Abhay Shreeniwas Oka, today held that it is not necessary for family Courts to insist on personal presence of petitioners while filing of cases, provided they are represented by an advocate, who acts as an authorized agent on their behalf and the bench also held that it is not necessary for the defendant/respondent who has been issued a summons in the petition to appear before the family Court if he/she is represented by an advocate, who is acting as authorised agent. These directions were passed by the Karnataka high Court while hearing a suo moto public interest litigation to address the various legal and technical issues that may arise before the District and Trial Courts when it resumes limited functioning amid the COVID-19 crisis. Chief justice Abhay Shreeniwas Oka further clarified that the aforesaid principles shall also apply in cases of joint petitions filed for divorce by mutual consent before family Court as both husband/wife will be in position of petitioners.
Further the court held that there is no legal basis for the practice adopted by some of the family Courts in the state, when they insist on personal presence of the petitioner/s at the time of filing cases. The personal presence is not required when the petition is presented by advocate as authorised representative of the petitioner or petitioners. In the same way when notice of proceedings filed in Family Court is issued, it cannot insist on personal presence of the respondent on the returnable date if the respondent enters appearance through a legal practitioner as an authorised agent.
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